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to handle him as what they describe as an enemy combat talent. the obama administration doesn't use that term anymore it allows for an indefinite detention of someone under national security concerns. that's what they are hoping for. we will see what the justice department decides, they haven't yet. but certainly, this issue will find its way to washington. there are various house and senate committees that have already said they plan to investigate exactly issues leading up to this explosion and then the subsequent manhunt and investigation and surely those concerned about how the administration handles him in the coming days. no surprise that this group has already said that they would like this because they say frankly, this is what it's for. you find a terrorist on u.s. soil, this is how they should be treated. democrats this after the into, some have already turned around and said, look, the administration is doing just fine on this, this san american citizen, he has to be afforded his rights, the justice department is acting a i appropriate. >> adrian, our pete williams is rep
combatant. how is legal action at this point most likely to move forward? >> reporter: well, the obama administration would never go for that, partly as a policy matter. they have made it quite clear that civilian courts are up to the task and they think in many ways better than military tribunals which are untested. civilian courts have convicted lots of terrorism defendants. it will be a federal case. they'll charge him withes with use of a weapons of mass destruction. the maximum penalty is the death penalty. the government will have to decide whether to seek that or not. there's an additional wrinkle here. he is an american citizen. he was a naturalized citizen last year oddly on 9/11 of last year, and there is an open legal question about whether even if the government wanted to, it could declare an american citizen captured on u.s. soil as an enemy combatant. it's an untested question. the government tried to do it in the case of jose padilla several years ago and as that case was about to go to the supreme court, the government changed its mind and put him into civilian court so
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